Domestic and family violence against women is addressed under the Domestic Violence Act 1995, which allows the police to immediately issue safety orders to perpetrators.
[18] Domestic violence may also be charged as a criminal offence, however reporting of this crime is hampered by the fact that police no longer classify domestic violence separately from other types of assault.
[19] In addition, the Government of New Zealand has established specialist family violence courts and means-tested legal aid services that provide referral and advocacy, as well as applicant support, and outreach.
[20] The government has also reportedly conducted domestic violence training for Family Court staff.
[21]In practice however, this relatively strong legal framework is not always effectively implemented, and domestic violence continues to be a challenge for New Zealand society. In 2012, there were 87,622 family violence investigations by the Police, with 41,187 charges laid, and 19 homicides by an intimate partner (making up 35 % of all homicides that year).
[22] In 2011, 6,515 cases of domestic violence were prosecuted, resulting in a 66 % conviction rate, with 54 % of those resulting in community (non-custodial sentences).
[23]Only 52 % of the protection orders applied for in 2012 were eventually granted.
[24]In 2011-12, Women’s Refuges affiliated to the National Collective of Independent Women’s Refuges reported that 2,273 women and 1,424 children stayed in safe houses.
[25]However, this may represent only a portion of actual prevalence of domestic violence, and it is estimated that only 18% of family violence cases are reported to the police.
[26] According to 2002 data 33% of women had experienced physical and/or sexual violence in their lifetime; according to 2011 data, when psychological/emotional abuse is included, the rate of women who had experienced violence increases to 55%.
[27] These numbers are even higher for marginalized women and girls. Māori women are at three times higher risk of partner violence than women overall.
[28] Migrant women are also particularly vulnerable to family violence. Although the Government has amended the visa conditions for migrant victims of domestic violence who are partners of New Zealand citizens or residents, to enable them (and their dependent children) to remain in New Zealand,
[29] NGOs have reported that the application process for these visa categories is difficult to prove and time consuming.
[30] Moreover, non-residents are not eligible for legal aid services.
[31]Social attitudes remain an impediment to combatting domestic violence, particularly in marginalized populations; such as Pacific communities, where acceptance of domestic violence is reportedly linked to a perceived ability to access “westernised” support services and the limited help traditional social support structures can provide in an urban context.
[32] In order to address this, the Government launched a Campaign for Action on Violence within Families aimed at changing attitudes to family violence. The Government also reports that similar programmes have been developed for Māori, Pacific and migrant women and endorsed by their communities.
[33]The law in New Zealand criminalizes
rape, including spousal rape.
[34] The maximum penalty is 20 years’ imprisonment.
[35] In order to support the implementation of the law, the Government of New Zealand established a National Taskforce for Action on Sexual Violence; although the Human Rights Commission reports that a number of the Taskforce recommendations have yet to been implemented.
[36] In addition there are about 30 specialised sexual violence services for victims in New Zealand covering about 70% of the female population, although many of these are reported to be under-funded.
[37]In practice, the Government reports that violence against women, including sexual violence, remains a significant problem in New Zealand.
[38]Police data from 2012 indicates that 1,654 cases were reported, and 841 perpetrators were apprehended for sexual assault; 78% of which were prosecuted, resulting in a conviction rate of 39%.
[39] However, these figures may be affected by significant under-reporting, as research from 2009 demonstrates that sexual offences have the lowest level of reporting rates of all personal crimes in New Zealand; with only around nine % of adult victims of sexual violence reporting the offence to the police.
[40]The most recent prevalence figures from the 2009 Crime and Safety Survey indicate that 29% of New Zealand women report having experienced sexual assault in their lifetime, the vast majority of which committed by a partner, ex-partner or family member. Victimization rates were higher for Māori women (37%) and for younger women (36% of 25- to 39-year-olds) than for other population groups.
[41] The New Zealand Human Rights Commission has reported that the availability of culturally appropriate sexual assault services for diverse population groups (including Māori, Pacific people, ethnic communities, including refugees and people with disabilities) is uneven and has been identified as a gap in services.
[42]Sexual harassment is unlawful under the Employment Relations Act 2000 (as a personal grievance against an employer within 90 days of the incident), or under the Human Rights Act 1993 (as a complaint against an employer or another person). A variety of remedies are available under the Human Rights Act for sexual harassment, including a declaration that the Act has been breached, restraining orders, an apology, reimbursement of lost wages, and compensation (including damages for humiliation and pecuniary loss). Sexual contact induced by certain threats may also fall under the criminal code. In the fiscal year 2012-2013, the Human Rights Commission received 70 new sexual harassment complaints.
[43]
There is no documented evidence that
female genital mutilation is practiced in New Zealand. However, the practice is illegal under an amendment to the Crimes Act; providing for a maximum penalty of seven years for anyone who performs, procures, or helps to perform FGM.
[44]More
The Prostitution Reform Act 2003 decriminalised
prostitution, with the aim of safeguarding the human rights of sex workers and protecting them from exploitation and violence.
[45] By certificating for the establishment of premises for prostitution, the Act aims to prevent prostitution of those under 18 years of age.
New Zealand has been identified as a destination country for women subjected to forced prostitution and forced labour.
[46] In order to combat the practice, New Zealand has comprehensively criminalized all
trafficking, including sexual servitude.
[47] These efforts meet the minimum international standards for action according to the U.S. Department of State’s Trafficking in Persons Report; although it reported in 2013 that the Government of New Zealand had not prosecuted or had not convicted any trafficking offenders in the last seven years, or certified any trafficking victims in the last nine years.
[48]Abortion is a crime in New Zealand unless women meet the grounds for an abortion as agreed by two certifying consultants.
[49]There are no parental notification restrictions on under-sixteen access for abortion. However, the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) Committee has criticized the certification process, as having the potential to arbitrarily restrict a woman’s reproductive autonomy.
[50] NGOs also report that abortion services are relatively difficult to access for over one-sixth of the women in New Zealand based on their geographical location.
[51] According to Statistics New Zealand, in 2012 the general abortion rate was 16.1 abortions per 1,000 women aged 15–44 years, down from 17.3 per 1,000 in 2011.
[52]
The Government of New Zealand funds
family planning and antenatal services, which generally provide free sexual and reproductive advice, without parental consent to those ages 16 and older. The most recent United Nations (UN) figures from 1995 indicate that 72.3% of women used some form of modern
contraceptive.
[53]The Government reports that the age of first birth is rising, from a median age of 26 years in the early 1960s to 30 years in 2013.
[54]
[18] Domestic Violence Act 1995, Part 6A [19] US State Department (2013b) [20] CEDAW (2011), p.43 [21] CEDAW (2011), p.58 [22] New Zealand Family Violence Clearinghouse (2013c) [23] New Zealand Police (2013) [24] New Zealand Family Violence Clearing House (2013), p.7 [25] New Zealand Family Violence Clearinghouse (2013) [26] FVDRC (2010) [27]OECD (2014), Gender, Institutions and Development Database, http://stats.oecd.org; Fanslow (2011) [28] New Zealand Family Violence Clearinghouse (2013) [29] CEDAW (2011), p.60 [30] Auckland Coalition for Safety (2011), p.4 [31] Shakti (2011), p.3 [32] Cribb (1997) [33] CEDAW (2012) [34] Crimes Act 1961, s.128 [35] R v AM [2010] 2 NZLR 750, [2010] NZCA 114 36] Human Rights Commission (2011), p.6. [37] Auckland Coalition for Safety (2011), p.7 [38] CEDAW (2011), p.7 [39] New Zealand Police (2013d) [40] Ministry of Justice (2009) [41] Ministry of Justice (2009) [42] Human Rights Commission (2012), p.9 [43] Human Rights Commission (2013), p.20 [44] The Crimes Act 1961, s. 204A [45] Prostitution Reform Act 2003, s. 3; CEDAW (2011), p.14 [46] US State Department (2013) [47] Crimes Act 1961, s. 98D [48] US State Department (2013) [49] Contraception, Sterilisation, and Abortion Act 1977 and the Crimes Act 1961, s. 187A [50] CEDAW (2012), p.9 [51] Women’s Health Action (2011), p.4 [52] Statistics New Zealand (2012) [53] UN (2012b) [54] Statistics New Zealand (2013)
